Travel and Tourism Contracts
Added on 2020-11-23
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LEGISLATIONS ANDETHICS IN THE TRAVELAND TOURISM SECTOR
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 & 1.2 Covered in leaflet...................................................................................................1TASK 2............................................................................................................................................12.1 Impact of principles of health, safety and security legislation on travel and tourism sector12.2 Analysing legislation relating to equality to TUI Group..................................................4TASK 3............................................................................................................................................53.1 & 3.2 Covered in leaflet...................................................................................................5TASK 4............................................................................................................................................54.1 Ethical Dilemmas faced by travel and tourism sector......................................................54.2 Corporate Social Responsibility (CSR) of TUI Group.....................................................8CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................11
INTRODUCTIONEvery business organisation needs to follow various legislation and regulations provided by the government and legal authorities. Traveland tourism sectors needs to also follow ethics and legislations in order to provide safety and security to customers and society. Different travelagencies, travel organisations, airports, etc. are part of the travel and tourism sector who has to follow general laws and frameworks provided bythe government and legal authorities. Tourism laws and legislations evolves health and safety, employees rights, consumer protection rights,company law, environment protection regulations and contract law.TUI Group is German tourism and travel organisation and it is considered as the best leisure and tourism business in the world. TUIGroup stands for Tourism Union International. Its headquarter is situated in Hannover, Germany. TUI Group owns various hotels, travelagencies, cruise ships, airlines and retail stores. The following report explains different legal and regulatory frameworks of travel and tourismsector and laws relating to equality. Contract legislation and consumer protection legislation are also explained. Various ethical dilemmas facedby travel and tourism industry are discussed in the report in order to avoid common mistakes and for enhancing tourism services quality. Thereare different factors discussed in the report that bring influences and also contributes for development of travel and tourism industry.TASK 11.1 & 1.2 Covered in leaflet1
2Legal and Regulatory framework of thetravel and tourism sectorTravel and tourism industry needs to follow various rules andregulations. Travel and tourism business in UK are regulated byBritish Travel Agents Association. This association regulatesprocess of bookings, travel code and processes of travelling aswell. British Travel and Tourism Industry drives out variousrights in order to provide safety to tourists and customers. Sellers,business organisation, tourists, customers, hospitality industryand contracts are all involved in the travel and tourism sector.Legal and regulatory framework is a system of regulations whichaims at governing the process and procedures within travel andtourism industry. The main and primary objectives for installingtravel and tourism legislation is:to provide standards process and proceduresto improvise and develop travel and tourism regulatedmannerto establish rights of people and various organisationsinvolvedFollowing are given different laws and legislation oftravel and tourism industry:Package Travel, Package Holidays and Package ToursRegulations 1992: This legal framework focuses on for establishingtravel and tour operator's responsibility for its customers. Wales andEngland makes sure that every travel and tour operator abide theregulations and legislation. Transports Acts 1980 and 1985: The 1980 and 1985 Act aims atcontrolling and regulating national and private transport buscompanies and their routes. The 1980 act terminated licensing lawwhich affects express coach routes and other tours over 30 miles.This termination lead to increase the competition between private busand national bus companies. The 1985 Act de-regularised routesystem and allowed private bus companies for operating all routes.Development of Tourism Act, 1969: This act was introduced byBritish Tourist Authority and it aims at co-ordinating differentorganisations which are involved in travel and tourism sector. Thisact provides responsibility to promote the development of travel andtourism industry. The act also provides financial help and assistancethrough public funds for provision of establishments or new hotels inwhich sleeping and accommodation facilities are provided bybusiness organisation. Air Passenger Duty (APD), 1996: This is a tax framework that wasimposed by the government of UK. This duty was imposed onpassengers who are flying out of UK. In 1996, the duty on airpassengers was decreased for economy flights in order to remove thebarrier to development and growth of inbound travel and tourism. Butin the year 2006, it got increased again to great extent.ABTA: The travel and tourism process and procedures are regulatedby ABTA under Britain, Wales and Scotland. The ABTA was formedin order to ensure that travel bookings and various permits arederiving according to the provided rules and legislations. This alsoaims at regulating various offers provided by different travel andtourism companies to tourists and customers. ABTA looks after thebooking provision, departure facilities and insurances as well. Civil Aviation Authority (CAA): The CAA focuses onimplementing laws and regulations on the aviation industries ofEngland Wales. CAA is primary regulative body of British AviationIndustry. Criminal Law: The criminal laws and legislative authorities of UKAviation industry aims at maintaining structure of travel and tourismindustry and society as well. This legal and legislative bodies aims atprotecting duties and rights of customers, tourists and travel and touroperators. Unfair conduct and breaching laws and regulations is finedand also charged under criminal law.Surface, Sea and Air transport law in relation to carriage ofpassengersTransport within travel and tourism industry is growing and changingconstantly in order to meet demands of customers and tourists. Thedemands of customer is to have faster and safer transport and also tobe comfortable and affordable. The transport mode used for carryingcustomers and tourists from one place to another is the responsibilityof carrier. The Convention of Athens describes 'Carrier' as personinvolved in carriage contract, 'passenger' refers to person who isbeing carried by ship and 'luggage' is an article which is being carriedby carrier. The Athens Convention describes in Article 3 thatfollowing points are regarded as liability of carrier:Loss occurred during carriage because of neglect is theliability of carrier.And person suffering damage or loss establishes carrier'sliability.Surface, Sea and Air transport law in relation tocarriage of passengersTransport within travel and tourism industry is growing and changing constantly in order to meetdemands of customers and tourists. The demands of customer is to have faster and safer transportand also to be comfortable and affordable. The transport mode used for carrying customers andtourists from one place to another is the responsibility of carrier. The Convention of Athensdescribes 'Carrier' as person involved in carriage contract, 'passenger' refers to person who isbeing carried by ship and 'luggage' is an article which is being carried by carrier. The AthensConvention describes in Article 3 that following points are regarded as liability of carrier:•Loss occurred during carriage because of neglect is the liability of carrier.•And person suffering damage or loss establishes carrier's liability.Following are explained different air, sea and surface law that are lying within regulatory andlegal frameworks:Sea law:The International Maritime organisation ensures to safeguard the security and safety of shipping.This was formulated by United Nations and it focuses on regulating various environmentalfactors that are involved in functioning of ships.International Convention regarding Safety Of Life At Sea (SOLAS) aims at regulatingfunctioning of measures of fire protection and skills of crew members for fire fighting. Thisconvention also regulates the tolls and equipment of lifesaving of sea craft having at least 12passengers. The Athens Convention, 1974 focuses on governing losses and damages which are suffered bypassengers who are on ferry or ship. The convention also lays down liability extent for affectedpassengers in sea transports. TUI Group follows legal and regulatory frameworks provided undervarious sea laws in order to safeguards the rights of passengers. Protocol 2002 implements compulsory insurance for covering passengers travelling through shipsor ferry and also increases their liability limits. The protocol 2002 also introduces various othertools and mechanisms which helps in assisting passengers for obtaining compensation. Thisprotocol makes it compulsory for insuring the travelling passengers through ships for certain timeand also enhances liability limit. Surface Law:The International Carriage of Passengers by Road Act, 1979 aims at governing various surfacelaws and regulations. This act focuses on protecting passengers who are on board with thepermission of carriers. This act formulates rules and regulations which protects various rights oftourists or passengers. Physical damage or mental health issues or disorder happened topassengers during road carriage are protected under this act. Carriage by Railway Act, 1972 formulates and governs passenger's luggage loss during surfacetransport and carriage. TUI Group provides complete security to passengers travelling throughsurface or road ways. This act and regulatory frameworks aims at effectively regulating thegoods and passenger's transport and also safeguards the rights of passengers. The disabledpassenger's interest and rights who is travelling thorough surface transport are safeguard underCarriage by Railway Act.Air Law:The Warsaw Convention, 1929 lays down various rules and regulations related to documents ofcarriage and it also defines international carriage of passenger's and their luggage. This actprovides and safeguards the right of passenger's who are travelling thorough air transport. Thepassenger's can claim compensation for any personal injury or death during air carriage ortransportations. This requires luggage check of passengers in the beginning of travel journey.TUI Group aims at providing complete safety and security to the passenger's travelling throughair ways and also safeguards their rights. The Denied Boarding Compensation Schemes (EU) 1997 focuses on raising various standards ofprotection for passengers travelling through air ways. This convention ensures to provideharmonized the various activities and operations of the carrier. The Montreal Convention 1999 replaced the Warsaw Convention as it was presenting only singlelegal instrument. This convention was established in order to safeguard the liability ofpassenger's travelling through airways. The limit of liability of passengers is that they have rightfor compensation in case of any injury or death. The liability of passenger under this conventionalso includes compensation for any delay, damage and loss of luggage and cargo. The Five Freedoms Agreement of 1944 includes rules and regulations related to eliminating therestrictions. This regulatory framework proposes following freedoms for scheduled internationalflights:•For flying across the territorial dominion without landing.•Landing of flights for non-traffic reasons or purpose.•For putting down mail, cargo and passengers taken in country's territorial dominion andwhose nationality is possessed by aircraft.•For taking passengers, cargo and mail destined for territory of country and whosenationality is possessed by aircraft.•For putting down passengers, mail and cargo who are destined for territorial dominion orother contracting state and also to put down passengers, mail and cargo for and such territorialdominion. There are certain issues that still remain in this air law convention. The disputes arisethat whether strict international traffic quota control needs to be there.TASK 1- Legal and Regulatory framework
TASK 22.1 Impact of principles of health, safety and security legislation on travel and tourism sectorThe main and primary focus of various legal and regulatory frameworks is to develop thetravel and tourism industries and also to safeguard the rights of customers and tourists(Camilleri, Camiller and Acocella, 2018). TUI Group aims at protecting the rights of itscustomers and tourists and accordingly follows regulations provided by the government and legalauthorities. The regulations and legislation introduces unified criteria for developing tourismsoperations and practices. The legal frameworks determines and provides obligations, duties andrights to different people who are involved in travel and tourism sector (What is Contract Law,2019). TUI Group ensures to follow different principles of health, safety and security laws andlegislation and governs possible risks or hazards (Becker, 2016). These regulations providesresponsibility to employees and employer for checking out if any risk or hazards are reported.Both employer and employee aims at minimising the accidents and hazards and also playsimportant role for maintaining safety and security within organisation. The health, safety andsecurity legislation aims at ensuring that working environment is free from risk, harm and alsosafe for people. TUI Group aims at providing complete safety and security to its employees. TheTUI Group also ensures that it provides safe and secured accommodation facilities therefore, itsets out various duties and responsibility to travel services provider and destination authorities(Lequeux-Dinca and Popescu, 2017).Health and Safety At Work, 1974: This Act sets out rules and regulations to ensure thatemployers within travel and tourism sectors maintain complete safety and security of employees(Gholami, Ravishankar and Machet, 2017). The risk of injury at work place still remains area ofconcern in business organisations. TUI Group ensures to reduce the injuries at workplace byadapting to health and safety regulations and rules. Organisation adapting to rules andregulations provided by the principles of health and safety acts brings benefits to both employerand employee, such as:Reduced sick leave and absenteeism.Motivated and dedicated employees (Greenwood and Dwyer, 2015).1
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